Case law

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  • Peterson v. State

    467 Md. 713 · Court of Appeals of Maryland · Mar 31, 2020

    A writ of error coram nobis is a form of Maryland common law relief that requires a petitioner to satisfy certain qualifying elements. … State, 361 Md. 52, 760 A.2d 647 (2000), we clearly established that the significant collateral consequences must arise from the conviction.

    Cited 25 timesPublished
  • Doe v. Catholic Relief Services

    484 Md. 640 · Court of Appeals of Maryland · Aug 14, 2023

    Analysis CRS contends that the removal in 1973 of the “religious” qualifier before “activities” in the exemption is significant. … Clearly, in 2000, when Governor Parris N.

    Cited 22 timesPublished
  • Muti v. University of Maryland Medical Systems Corp.

    197 Md. App. 561 · Court of Special Appeals of Maryland · Feb 4, 2011

    Actually, this could have been a motion for summary judgment at this point, but it could be considered—I mean, because substantively it is an issue and that person is clearly a necessary party. … Karetzky was not qualified to opine on the appropriate standards of care is obviated by our opinion that appellants made out a viable theory of medical malpractice using Dr.

    Cited 3 timesPublished
  • Henderson v. AT & T Information Systems, Inc.

    78 Md. App. 126 · Court of Special Appeals of Maryland · Feb 2, 1989

    Zuckerman and in various provisions of the OYOC Policy Manual, it is clearly stated that Zuckerman was entitled to choose his manner of transportation to Virginia. … Whereas qualifying for workers’ compensation benefits requires only that the injury occur out of and in the course of employment, recovery under the doctrine of respondeat superior necessitates that the employee be acting

    Cited 11 timesPublished
  • Henley v. Prince George's County

    305 Md. 320 · Court of Appeals of Maryland · Feb 7, 1986

    We have also said that this discretion will not be disturbed unless clearly shown to have been abused, and that this is particularly true where judgment has been entered on the merits rather than as a result of a default. … Noting that the County was immune from liability for its discretionary acts in determining to release the juvenile and in selecting the juvenile’s mother as an appropriate custodian, and finding that there was no duty to

    Cited 149 timesPublished
  • Wimberly v. Empire Fire and Marine Ins. Co.

    192 F. Supp. 2d 406 · District Court, D. Maryland · Mar 28, 2002

    Wimberly qualified for benefits under the policy because he lived with his mother. … The exact relationship between McFrugal and McRent a Car has not been established. Empire denies it ever insured an entity known as McRent a Car.

    Cited 1 timesPublished
  • Joseph v. State

    190 Md. App. 275 · Court of Special Appeals of Maryland · Feb 1, 2010

    Clearly, the court understood from the prosecutor’s remarks that appellant had expressed a desire to “release” counsel. … Here, however, the evidence was clearly sufficient to sustain appellant's convictions. Indeed, he does not argue otherwise. [4] 4.

    Cited 4 timesPublished
  • Beall v. Montgomery County Council

    240 Md. 77 · Court of Appeals of Maryland · Sep 27, 1965

    All of those who produced the proposed plan are well qualified and the proposed plan and the elaborate supporting data indicating the need for the proposed apartments, traffic conditions, effect on school facilities, the … Permission to establish such a zone was granted (or refused) upon a petition filed by an individual property owner, with appropriate notice, etc.

    Cited 39 timesPublished
  • Montgomery County Board of Education v. Horace Mann Insurance

    154 Md. App. 502 · Court of Special Appeals of Maryland · Dec 30, 2003

    The MCC also empowered the County to establish the MCSIP. See MCC § 20-37(e). … We now review the relevant extrinsic evidence to establish whether there is a potentiality of coverage.

    Cited 15 timesPublished
  • Mayor of Baltimore v. Stuyvesant Insurance

    226 Md. 379 · Court of Appeals of Maryland · Oct 11, 1961

    Undoubtedly, the nature of the bail bond business makes it clearly a proper subject for police regulation. … Clearly, the writing of bail bonds by corporate sureties comes well within this definition.

    Cited 23 timesPublished
  • Goldman v. Rubin

    292 Md. 693 · Court of Appeals of Maryland · Feb 24, 1982

    The effect of a redemption that qualifies under § 303 is to treat the property received by the shareholder on a capital gains basis and not as a dividend. 5 Most of the details of the redemption were established at a meeting … We hold only that this Court cannot say on the present record that it would be clearly erroneous for a fact finder to conclude that the terms of the note actually issued *719 involved an abuse of discretion and thus we do

    Cited 16 timesPublished
  • Sterling Homes Corp. v. Anne Arundel County

    116 Md. App. 206 · Court of Special Appeals of Maryland · Jun 27, 1997

    Pemberton cannot, of course, stand for the principle that any work performed under any type of permit wdl qualify as a permit for any subsequent construction performed on the same property. … Thus, although it did not say so explicitly, the Court clearly indicated that the permits granted for the warehouse were not “permits” for a refinery that satisfied the first prong of establishing vested rights; this decision

    Cited 3 timesPublished
  • Mayor & City Cncl. of Ocean City v. Washington Post

    Court of Special Appeals of Maryland · Apr 3, 2026

    no longer qualify as personnel records protected from disclosure under the MPIA. … The record establishes that UOF Reports are not created by supervisory officers for performance evaluation purposes.

    Cited 0 timesPublished
  • Attorney Grievance Commission v. Webster

    402 Md. 448 · Court of Appeals of Maryland · Dec 10, 2007

    In our review of the record, the hearing judge’s findings of fact generally will be accepted unless they are clearly erroneous. … Clearly, Respondent’s failure to deposit the $3,000 retainer into his escrow account was a violation of MRPC 1.15(a) and we overrule Respondent’s exception.

    Cited 22 timesPublished
  • Thanos v. State

    330 Md. 77 · Court of Appeals of Maryland · Apr 5, 1993

    The psychiatric witnesses established that Thanos came from an extremely dysfunctional family. … The record clearly establishes that Thanos murdered Gregory Taylor while in the process of stealing his vehicle.

    Cited 48 timesPublished
  • Baltimore & Ohio Railroad v. State

    36 Md. 519 · Court of Appeals of Maryland · Jun 21, 1872

    Every body understood this to be the established constitutional law upon the subject, and contracts and dealings were regulated by parties according to this standard. … The former decisions of that Court have been reversed to a qualified extent only, and this has been by a bare majority of the Judges.

    Cited 4 timesPublished
  • Conover v. Conover

    224 Md. App. 366 · Court of Special Appeals of Maryland · Aug 26, 2015

    In child access disputes, “when the appellate court views the ultimate conclusion of the chancellor founded upon sound legal principles and based upon factual findings that are not clearly erroneous, the chancellor’s decision … Super 1995) (Marriage and establishment of a household did not create parenthood by estoppel); and A.H. v.

    Reversed by Conover v. Conover, 450 Md. 51 (2016)Cited 2 timesPublished
  • Humphrey v. Drivers, Chauffeurs & Helpers Local 639

    369 F. Supp. 730 · District Court, D. Maryland · Jan 28, 1974

    Coupled with the substantial passage of time in which Congress has had opportunity to “correct” this interpretation, this would appear to be clearly the rule that the Board will apply, and this Court will not disturb such … McCleod, 24 a mixed union of guards and non-guards was permitted on a ballot in an election for representation along with a qualified union.

    Cited 11 timesPublished
  • Attorney Grievance Commission v. Saridakis

    402 Md. 413 · Court of Appeals of Maryland · Dec 7, 2007

    Much more importantly, the manner in which Smith handled this matter establishes that he was not independent in fact. His inquiry into the facts essential to proper representation was minimal. … One, it clearly was dicta.

    Cited 5 timesPublished
  • Archdiocese of Washington v. Moersen

    399 Md. 637 · Court of Appeals of Maryland · Jun 14, 2007

    “Austin was clearly a pivotal figure in most, if not all, aspects of the musical life of the Cathedral and school. … Significantly, it was established that there was “no secular health or safety rationale for the work performed by the [mjashgichim,” 363 F.3d at 302 , who “[is] qualified under Judaic law to supervise the preparation of food

    Cited 9 timesPublished

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